The Allahabad High Court has rapped the District Magistrate of Gautam Buddh Nagar for non-compliance of RERA Recovery Certificates (RC). The Court has also directed the DM Suhas LY to appear before the court on October 4 to explain the inaction in the RCs issued by the Real Estate Regulatory Authority (RERA) in several cases.
The case was argued by Advocate Nirmit Srivastav along with Advocate Srajak Srivastava. The Allahabad High Court has directed the DM Gautam Buddh Nagar to appear before the court and explain the inordinate delay in executing RC issued by RERA authority.
A bench comprising Acting Chief Justice (ACJ) Munishwar Nath Bhandari, and Justice Piyush Agrawal passed the order that said, “The District Magistrate will come out with details of all the pending cases for a recovery pursuant to the order by the Real Estate Regulatory Authority. This Court will pass an appropriate order if no justification is found in the inaction of the District Magistrate of Gautam Buddh Nagar. Due to the inaction of the District Magistrate, unavoidable litigation is coming to this.”
This case becomes significant for homebuyers as the court has directed the District magistrate to come out with details in respect to pending matters for recovery pursuant to the order passed by RERA authority.
The home buyers of Noida & Greater Noida (largest property market of India by size) are hopeful that this case might prove to be fruitful even for the public at large. This case might ease out the pending litigations for people who are compelled to initiate litigation against no fault of their own.
Advocate Nirmit Srivastav says the biggest concern for the victim home buyers is the inordinate delays. Even when the RERA judgment is secured in favour of the home buyers, the execution process more often than not defeats the very purpose.
“I think this order should be a warning signal to the District Administration across the country. Since RERA has no powers over the development agencies and the District Administration, such orders at the High Court level will make the legitimate fight of the harassed home buyers more proactive,” says Srivastav.
It is an open secret that often the Recovery Certificate issued against the builders are not executed by the District Magistrates compelling the home buyers to initiate proceedings against the District Administration to expedite the recovery proceedings and bring the same to its logical conclusion.
Often is the case that despite having an RC in their favour, the homebuyers are unable to reap the fruits of the order. While the non-compliance by the District Administration defeats the buyers’ fight for justice, it rather helps the builder to drag the litigation for years.
Ravi Sinha
@RaviTrack2Media
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